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    Anaheim, California

    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:

    Construction Expert Witness Contractors Licensing
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    Commercial and Residential Contractors License Required.

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501

    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355

    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535

    Construction Expert Witness News and Information
    For Anaheim California

    Angelo Mozilo Speaks: No Regrets at Countrywide

    One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses

    Preventing Costly Litigation Through Your Construction Contract

    South Carolina “occurrence” and allocation

    Home Prices Rose in Fewer U.S. Markets in Fourth Quarter

    Changes to Arkansas Construction and Home Repair Laws

    "Your Work" Exclusion Bars Coverage for Contractor's Faulty Workmanship

    Corvette museum likely to keep part of sinkhole

    Homeowner Loses Suit against Architect and Contractor of Resold Home

    Drought Dogs Developers in California's Soaring Housing Market

    Housing Starts in U.S. Slumped More Than Forecast in March

    Changes and Extra Work – Is There a Limit?

    New England Construction Defect Law Groups to Combine

    Toddler Crashes through Window, Falls to his Death

    I-35W Bridge Collapse may be Due to “Inadequate Load Capacity”

    Tax Increase Pumps $52 Billion Into California Construction

    A Quick Checklist for Subcontractors

    Crowdfunding Comes to Manhattan’s World Trade Center

    Town Sues over Defective Work on Sewer Lines

    Options When there is a Construction Lien on Your Property

    Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project.

    "Is the Defective Work Covered by Insurance?"

    Underpowered AC Not a Construction Defect

    Home-Rentals Wall Street Made Say Grow or Go: Real Estate

    New Nafta Could Settle Canada-U.S. Lumber War, Resolute CEO Says

    Colorado Statutes of Limitations and Repose, A First Step in Construction Defect Litigation

    Construction Site Blamed for Flooding

    California Supreme Court Rules Developers can be Required to Include Affordable Housing

    What You Need to Know About Additional Insured Endorsements

    Nevada Assembly Sends Construction Defect Bill to Senate

    Cuba: Construction Boom Potential for U.S. Construction Companies and Equipment Manufacturers?

    Housing Starts in U.S. Surge to Seven-Year High as Weather Warms

    Palo Alto Proposes Time Limits on Building Permits

    Breach of a Construction Contract & An Equitable Remedy?

    Dear Engineer: Has your insurer issued a “Reservation of Rights” letter? (law note)

    Homebuilder Immunity Act Dies in Committee. What's Next?

    Designers George Yabu and Glenn Pushelberg Discuss One57’s Ultra-Luxury Park Hyatt

    Contractor Convicted of Additional Fraud

    No Entitlement to Reimbursement of Pre-Tender Fees

    The Big Three: The 9th Circuit Joins The 6th Circuit and 7th Circuit in Holding That Sanctions For Bad-Faith Litigation Tactics Can Only Be Awarded Against Individual Lawyers and Not Law Firms

    Transplants Send Nashville Home Market Upwards

    Californians Swarm Few Listings Cuts to Affordable Homes

    Potential Pitfalls Under the Contract Disputes Act for Federal Government Contractors

    When to use Arbitration to Resolve Construction Disputes

    Iowa Court Holds Defective Work Performed by Insured's Subcontractor Constitutes an "Occurrence"

    Highest Building Levels in Six Years in Southeast Michigan

    The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations

    Couple Claims Poor Installation of Home Caused Defects

    New Megablimp to Deliver to Remote Alaskan Construction Sites

    How to Determine the Deadline for Recording a California Mechanics Lien
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    Through over 4500 construction and design related expert designations, the Anaheim, California Construction Expert Directory delivers a streamlined multi-disciplinary expert retention and support solution to builders and construction claims professionals concerned with construction defect, scheduling, and delay matters. BHA provides general construction investigation, trial and claims support services to the industry's most recognized construction attorneys, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. In connection with in house personnel which comprise construction cost, scheduling, and delay experts, professional engineers, ASPE certified professional estimators, and construction safety professionals, the firm brings specialized expertise and local capabilities to the Anaheim region.

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    Construction Expert Witness News & Info
    Anaheim, California

    Non-compliance With Endorsement Means No Indemnity Coverage

    January 15, 2019 —
    The insured's failure to verify that subcontractors had CGL policies and to provide a contract stating that the subcontractors would indemnify the insured as required by the policy's endorsement meant there was no coverage for the insured. Cincinnati Spec. Underwriters Ins. Co. v. Milionis Constr., Inc., 2018 U.S. Dist. LEXIS 199658 (E.D. Wash. Nov. 26, 2018). The homeowners filed suit against Milionis, the general contractor for construction of a home. The underlying suit alleged that Milionis breached the parties' agreement by leaving the home unfinished. Cincinnati defended Milionis under a reservation of rights. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Constructive Changes – A Primer

    October 02, 2018 —
    A “constructive change” occurs when an owner action or omission not formally acknowledged by the owner to be a change in the contact’s scope of work forces the contractor to perform additional work. Constructive changes are not formal change orders, but informal changes that could have been ordered under a contract’s changes clause if the change had been recognized by the owner. The constructive change doctrine recognizes that being informally required to do extra work is similar to a formal change order and should be governed by similar principles. Thus, if it is found that a constructive change order did occur, the contractor may be entitled to payment for additional costs incurred, and an extension to the contract performance period. Constructive changes most often arise where there is a dispute regarding contract interpretation, defective plans and specifications, acceleration or suspension of work, interference or failure to cooperate with the contractor, misrepresentation or nondisclosure of superior knowledge or technical information, over inspection, or a delay in providing requested information crucial to the contractor’s ability to continue work. Read the court decision
    Read the full story...
    Reprinted courtesy of Jonathan R. Mayo, Smith Currie
    Mr. Mayo may be contacted at

    Survey: Workers Lack Awareness of Potentially Hazardous Nanomaterials

    December 11, 2018 —
    Microscopic nanoparticles are part of the mix in nearly 600 construction products. The particles add strength, durability and other desired characteristics. Read the court decision
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    Reprinted courtesy of Scott Van Voorhis, ENR
    ENR may be contacted at

    Motion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge Denied

    September 04, 2018 —
    The insurer unsuccessfully moved to dismiss portions of the insureds' counterclaim based upon prior knowledge. Hudson Spec. Ins. Co. v. Talex Enter., 2018 U.S. Dist. LEXIS 105598 (S. D. Miss. June 25, 2018). The insureds' building collapsed in McComb, Mississippi. Pubic utilities were damaged and traffic disrupted. The City sued the insured, alleging that the building collapsed because there was too much water gathered on its roof. The City further alleged that the insureds knew too much water was on the roof because they had been told by someone hired to clean the drain that it was clogged and by a contractor that the roof was so damaged that it could not safely be repaired. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Boys (and Girls) of Summer: New Residential Solar Energy System Disclosures Take Effect January 1, 2019

    October 02, 2018 —
    As we come to the end of Summer, the California Contractors State License Board advises licensees that it has finalized its Solar Energy System Disclosure Document. The Solar Energy System Disclosure Document, required under Business and Professions Code Section 7169 as amended by Assembly Bill 1070 in 2017, requires that the disclosure language of the document be:
    1. Included in all contracts providing for the installation of a “solar energy system” on a residential building;
    2. Included on the front page or cover page of the contract;
    Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
    Mr. Murai may be contacted at

    Health Officials Concerned About Lead-Tainted Dust Created by Detroit Home Demolitions

    August 20, 2018 —
    DETROIT (AP) — The nation's largest home-demolition program, which has torn down more than 14,000 vacant houses across Detroit , may have inadvertently created a new problem by spreading lead-contaminated dust through some of the city's many hollowed-out neighborhoods. Read the court decision
    Read the full story...
    Reprinted courtesy of Engineering News-Record
    ENR may be contacted at

    Third Circuit Holds No Coverage for Faulty Workmanship Despite Insured’s Expectations

    November 21, 2018 —
    In its recent decision in Frederick Mut. Ins. Co. v. Hall, 2018 U.S. App. LEXIS 31666 (3d Cir. Nov. 8, 2018), the United States Court of Appeals for the Third Circuit had occasion to consider Pennsylvania’s doctrine of reasonable expectations in the context of a faulty workmanship claim. Hallstone procured a general liability policy from Frederick Mutual to insure its masonry operations. Notably, when purchasing the policy through an insurance broker, Hallstone’s principal stated that he wanted the “maximum” “soup to nuts” coverage for his company. Hallstone was later sued by a customer for alleged defects in its masonry work. While Frederick agreed to provide a defense, it also commenced a lawsuit seeking a judicial declaration that its policy excluded coverage for faulty workmanship. The district court agreed that the business risk exclusions applied, but nevertheless found in favor of Hallstone based on the argument that Hallstone had a reasonable expectation that when applying for an insurance policy affording “soup to nuts” coverage, it this would include coverage for faulty workmanship claims. Read the court decision
    Read the full story...
    Reprinted courtesy of Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP
    Mr. Margolies may be contacted at

    A Trio of Environmental Decisions from the Fourth Circuit

    August 28, 2018 —
    Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. These cases are Berkley, et al. v. Mountain Valley Pipeline, LLC, decided July 25; Sierra Club, Inc., et al., v. U.S. Forest Service, The Wilderness Society, et al., v. U.S. Forest Service, and Sierra Club, Inc. et al. v. U.S. Department of the Interior, decided July 27, 2018; and Sierra Club v. U.S. Department of the Interior and Defenders of Wildlife, et al., v. U.S. Department of the Interior, decided August 6, 2018. The first two cases involve the Mountain Valley Pipeline, and the last case involves the Atlantic Coast Pipeline. Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at